Bosco v. Bauermeister

I

In this case, we are called upon to determine the priority of coverage of several insurance policies, all of which admittedly provided coverage for the automobile accident that is the subject matter of the underlying lawsuit. We conclude that a distinct difference exists between “true” excess insurance coverage and excess “other insurance” on the basis of the difference in policy types within the insurance industry, the premiums charged for and risks assumed by the policies, the language of the policies, and the reasona ble expectations of all the contracting parties. This difference…